THE PRESIDENT: I understand. Then, with reference to Books 2 and 3 you do not object, but the Soviet Union wishes to offer an objection to this affidavit by Professor Dencker.
MR. DODD: That is exactly right, Your Honor.
THE PRESIDENT: Perhaps we had better hear what the Soviets say about that.
STATE COUNSELLOR OF JUSTICE M. Y. RAGINSKY (Assistant Prosecutor for the U.S.S.R.): I invite the Tribunal’s attention to Document Rosenberg-38. This is in the third document book, Page 29. This document is a letter, dated 24 August 1931.
THE PRESIDENT: One moment, is it not an affidavit?
MR. COUNSELLOR RAGINSKY: No. I am referring to two documents, Mr. President, Document Rosenberg-38 and the second one dealing with Dencker’s affidavit.
THE PRESIDENT: All right. Yes, I got Page 21. We will deal with Document 38 first, that is Page 29.
MR. COUNSELLOR RAGINSKY: This document is the letter of an unknown wine merchant, addressed to Rosenberg, concerning some sort of newspaper paragraph. We do not know this newspaper paragraph since defense counsel, Dr. Thoma, has not submitted it; and, therefore, we believe it is not relevant to the matter and all the more so since in none of his claims and in none of his explanations did Dr. Thoma explain what this document was supposed to prove nor what this letter was about.
I would then like to mention a few considerations regarding the second document, concerning Dencker’s affidavit presented by defense counsel Dr. Thoma. This affidavit is also in the third document book, Pages 8-11, and is registered as Rosenberg Number 35. Judging by the contents, Dencker, a former member of Economic Staff East, participated in the perpetration of war crimes in the territories occupied by the German troops. This Dencker took part in the looting of the occupied territories of the Soviet Union.
I wish to draw the Tribunal’s attention to the fact that defense counsel, Dr. Thoma, on 6 April of this year, requested the Tribunal to allow the admission of this document, and the General Secretary of the Tribunal got the opinion of the Prosecution. However, before the Tribunal had made up its mind, before the Prosecution had come to a conclusion, Dencker’s affidavit was included in the document book, mimeographed and distributed to everybody. What, may I ask, is this affidavit? We consider, and it is very easy to prove, that the information contained in this affidavit throws a false light on the factual state of affairs. It contains a number of slanderous and incorrect statements which have already been refuted by various documents submitted to the Tribunal and read into the record. Therefore, inasmuch as Dencker has not been summoned before the Tribunal as a witness and we are deprived of the possibility of exposing the mendacity of his evidence under cross-examination, we consider that these documents should not be admitted by the Tribunal.